[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Rules and Regulations]
[Pages 14905-14907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05875]
[[Page 14905]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0169]
RIN 1625-AA09
Drawbridge Operation Regulation; Honker Cut, Between Empire Tract
and King Island at Stockton, San Joaquin County, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is temporarily changing the operating schedule
that governs the San Joaquin County (Eightmile Road) bridge, across
Honker Cut, mile 0.3, between Empire Tract and King Island at Stockton,
San Joaquin County, CA. This action is necessary to allow the bridge
owner to complete critical mechanical and structural rehabilitation of
the bridge after an unexpected delay due to finding additional
components during rehabilitation that need repairs. We invite your
comments on this rulemaking.
DATES:
Effective period: This temporary interim rule is effective without
actual notice from April 7, 2025, through June 27, 2025. For the
purposes of enforcement, actual notice will be used from 4 p.m. on
March 29, 2025, through April 7, 2025.
Comment due date: Comments and related material must reach the
Coast Guard on or before May 7, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number ``USCG-2025-0169'' in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
You may submit comments identified by docket number USCG-2025-0169
using Federal Decision-Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This rule with its plain-language, 100-word-or-
less rule summary will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Carl Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone 571-607-2207, email
Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. This bridge is non-operational and will remain non-
operational until rehabilitation work can be completed.
On October 1, 2024, and January 31, 2025, the Coast Guard issued
consecutive Temporary Deviations which allowed the bridge owner, San
Joaquin County, to deviate from the current operating schedule in 33
CFR 117.161 to conduct critical mechanical and structural
rehabilitation of the bridge. During the late stages of the project,
further structural deficiencies of the bridge were discovered by the
contractor which will cause the project to run past the scheduled end
date of March 29, 2025, of the last Temporary Deviation. The bridge
cannot be brought back to operating condition until the rehabilitation
of the bridge has been fully completed and tested. Therefore, there is
insufficient time to provide a reasonable comment period and then
consider those comments before issuing the modification.
However, we will be soliciting comments on this rulemaking during
the first 30 days while this rule is in effect. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest due to the fact that the bridge is currently inoperable
and will not be back into operation until the rehabilitation work can
be completed.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is changing the operating
schedule in 33 CFR 117.161, which governs the draw of the San Joaquin
County (Eightmile Road) bridge, across Honker Cut, mile 0.3, between
Empire Tract and King Island at Stockton, San Joaquin County, CA. The
San Joaquin County (Eightmile Road) bridge is a swing bridge that has a
vertical clearance in the closed position of 10.1 feet over high water
and unlimited vertical clearance when in the fully opened-to-navigation
position. San Joaquin County, the bridge owner, has requested
additional time to complete bridge rehabilitation.
Bridge logs taken by San Joaquin County between 2021-2023 showed
there were a total of 16 openings, comprising mostly of vessel passages
by tug or barge units and houseboats.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this rule, which permits a Temporary
Deviation from the operating schedule that governs the draw of the San
Joaquin County (Eightmile Road) bridge, across Honker Cut, mile 0.3,
between Empire Tract and King Island at Stockton, San Joaquin County,
CA. This rule allows the bridge to be secured in the closed-to-
navigation position from 4 p.m. on March 29, 2025, through 7 p.m. on
June 27, 2025.
As part of the bridge rehabilitation, San Joaquin County has
replaced, adjusted, and rebuilt key mechanical components that drive
the drawspan's operation. On February 14, 2025, San Joaquin County
informed the Coast Guard their contractor unexpectedly found damaged
rods in an obscure location that must be replaced for the bridge to be
functional. In conclusion, the new rods will need to be fabricated and
will take them beyond the project's scheduled ending date of the
existing Temporary Deviation period of March 29, 2025.
V. Regulatory Analyses
We developed this temporary interim rule after considering numerous
statutes and Executive orders related to
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rulemaking. Below we summarize our analyses based on a number of these
statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
little or no commercial or recreational vessel traffic will be impacted
by this rule. Furthermore, the swing span of the bridge, as of date of
the publication of this rule, is not safely operational and cannot
resume operations until delivery of new rods, and the replacement of
the damaged rods are made.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator. Vessel owner or operators can use an
alternate route to reach either side of the bridge.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0169 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov Frequently Asked Questions web page.
Also, if you go to the online docket and sign up for email alerts, you
will be notified when comments are posted, or
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a final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.3.
Sec. 117.161 [Stayed]
0
2. Stay Sec. 117.161.
0
3. Add Sec. 117.162T to read as follows:
Sec. 117.162T Honker Cut.
The draw of the San Joaquin County (Eightmile Road) bridge, mile
0.3 between Empire Tract and King Island at Stockton need not open for
the passage of vessels.
Dated: March 28, 2025.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2025-05875 Filed 4-4-25; 8:45 am]
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